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Last modified
7/14/2009 5:01:47 PM
Creation date
5/20/2009 1:33:22 PM
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UCREFRP
UCREFRP Catalog Number
8283
Author
Silk, N., J. McDonald and R. Wigington.
Title
Turning Instream Flow Water Rights Upside Down.
USFW Year
n.d.
USFW - Doc Type
Boulder, CO\
Copyright Material
YES
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<br />analysis" and "reverse quantification," which were developed by the National Park <br />Service (NPS), and others. These terms may be freshly minted, but the underlying <br />conceptual framework is not new. In reviewing a claim for a federally reserved water <br />right for all of the remaining natural flows of the streams in a national forest, the Idaho <br />Supreme Court observed in 1978 that: "The periodic natural variations in stream flows <br />with just the flexibility which nature provides without interference by man are said to <br />fulfill the varying needs of the United States more effectively than could be done by any <br />attempt to specify these varying needs in terms of cubic feet per second or acre feet" <br />(Avondale Irrigation District v. North Idaho Properties, 577 P.2d 9, 19 (Idaho 1978)). <br /> <br />HOW MUCH OF A RIVER'S FLOW SHOULD BE PROTECTED <br /> <br />Instream flow protection begins with the question of how much water should be <br />left in the stream to meet ecosystem needs and not developed to meet agricultural, <br />industrial, and municipal demands. The early answers to this question were simple and <br />minimal so as to leave as much water as possible for development. These answers were <br />often based on the flow needs of a single, sometimes nonnative, fish species and were <br />expressed as a single, year-round flow value, which was keyed to one life stage of that <br />species or one component of its habitat. <br /> <br />The flow needs of a river ecosystem are now increasingly recognized as variable <br />and complex. Each river has its own flow history with patterns that vary from hour-to- <br />hour, day-to-day, season-to-season, and year-to-year, in terms of magnitude, frequency, <br />duration, timing, and rate of change of flows (Poff et al. 1997). The flows of one river <br />may fluctuate greatly, influenced primarily by precipitation events, whereas another river <br />may remain relatively steady due to a high groundwater table. Flow variables can <br />significantly shape the ecology of a river, and flow variation in general has been called a <br />"master variable" that "limits the distribution and abundance of riverine species, and <br />regulates the ecological integrity of a flowing water system" (Poff et al. 1997). Native <br />species may need a range of flow variations to complete their life cycles and may depend <br />on seemingly harsh flow events such as floods and droughts. The complexity increases <br />when one considers that not only must there be a mix of high and low flows, but that the <br />duration of these events must vary in length. <br /> <br />The natural ecosystem of any river is the product of millions of years of <br />adaptation and evolution, which have created a myriad of variables and subtleties more <br />complex than we can imagine. With each additional habitat type or species to be <br />protected, determining how much water should be left in the stream to meet ecosystem <br />needs is compounded and confounded. It soon becomes evident that one way to answer <br />the question is to systematically characterize the natural flow patterns for a particular <br />river or stream and to apply all aspects of that pattern to the question (Richter et al. <br />1997). This answer to the question of how much water should be left in a stream and not <br />developed is known as the natural flow paradigm. This answer follows more readily if <br />the question of how much water should be protected in the stream is turned upside-down <br />and asked in terms how much can we depart from the natural patterns of a particular <br /> <br />2 <br />
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